Before the arbitration hearing each side should: organize their arguments; identify and organize documentary evidence and testimony that supports the arguments; and make sure they have complied with CRC 3.820 prohibiting ex parte communication with the arbitrator.
Much like the opening statement in a trial, your arbitration statement should lay out what the “evidence” – the written material – will show regarding the proper credit on the project. The Arbitration Statement is not established fact, just your assessment of the material.
Much like the opening statement in a trial, your arbitration statement should lay out what the “evidence” – the written material – will show regarding the proper credit on the project. The Arbitration Statement is not established fact, just your assessment of the material.
In conclusion, an effective opening statement will tell the arbitrator in a concise, courteous fashion exactly what the factual situation in the case is, what the issues are, how the advocate wants the arbitrator to rule on the issues, and exactly what relief is being requested.
Outline a concise factual background and then move on to a discussion of the issues at the heart of the case. Your arguments should flow easily from the relevant facts and applicable law. And, by all means, avoid exaggeration of the strengths of your case as well as disparagement of the opposing side.
"A dispute having arisen between the parties concerning , the parties hereby agree that the dispute shall be referred to and finally resolved by arbitration under the LCIA Rules. The number of arbitrators shall be one/three. The seat, or legal place, of arbitration shall be City and/or Country.
The Request must: be written in English, French or Spanish (the official languages of the Centre) include the name and contact details of all parties (including e-mail, street address and telephone number) be signed and dated by the requesting party or its representative.
Make sure that the firms/organizations to which you choose to apply actually undertake arbitration work, or disputes work of some sort. Practical experience is important and you are much more likely to acquire arbitration experience if you join a firm that is active in the field.
Arbitrators, mediators, and conciliators must be able to clearly present and explain information, both orally and in writing, to opposing parties to settle disputes. Critical-thinking skills. Decision-making skills. Detail oriented. Interpersonal skills.